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| Court acquits alleged Charas smuggler | | | Early Times Report
Jammu, June 27- Acquitting Hamid Ullah, son of Qamardin of Gulgam Srinagar, who was arrested by the Police on August 10, 2007 and recovered 2 kg of charas, the Third Additional Sessions Judge Jammu RS Jain today observed that the prosecution has failed to prove charge. He further observed that there was non-compliance with the procedure laid down by the NDPS Act and these coupled with the inconsistencies, contradictions and embellishment affect the testimonial value of the witnesses examined by the prosecution. In view of the facts and circumstances of the case, it is clear that the prosecution case suffers from legal infirmities which are glaring in nature and renders the prosecution case highly suspicious and it would be unsafe to record the conviction of the accused. In the present case the prosecution witnesses contradict each other from material points, which make their testimony unreliable and there is non-observance of the provisions of NDPS Act by the Investigating Agency. The prosecution has failed to prove the guilt of accused beyond reasonable doubt by cogent and clear evidence as such accused Hamid Ullah is acquitted from the charges leveled against him, the Judge ordered.
According to the prosecution case on August 10, 2007 at Gad More Jourain at about 8:00 PM the police during checking of the vehicles recovered two kg charas from the attaché case being carried by accused Hamid Uallah. Accordingly accused was charged for offence u/s 8/20 of Narcotic Drugs & Psychotropic Substances (NDPS) Act. JNF
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